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Latest Mechanics Lien Law and News

Enforcing a Mechanic’s Lien With Ambiguous Drawings or Specifications

Everyone logically wants to maximize their chances to claim the full amount owed in a possible mechanics lien.  Especially as to larger commercial projects, the prospect of working with ambiguous drawings or specifications is very real.  Unfortunately, many contractors do not alert the owner or design professionals in the bidding process and defer it to another day.  This is the worst mistake you can make because it will directly impact your right to file mechanic’s lien if a dispute later ...
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New York Mechanics Liens: How Hard Are They to Discharge?

After a New York mechanics lien is filed, is there anyway an owner can bring a motion in court to discharge that lien filing before trial?  There certainly is, but it is important to understand the limitations. This involves New York lien statute 19(6) which allows the owner to apply for a summary discharge order of the mechanic’s lien in New York. Many think it is a “mini trial” in which the amount of the lien, how much services were ...
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Does a California Mechanic’s Lien Have to be Notarized?

The simple answer is no. For decades, the law requires only that the California mechanic’s lien be verified, which is similar to signing under penalty of perjury. In other words, a California recitation verifying the truth of the statements contained therein. However California mechanics lien law does not require a notary seal. Thus, the applicable California statute reads: Civil Code 8416 (b) A claim of mechanics lien in otherwise proper form, verified and containing the information required in subdivision (a), ...
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